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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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All my debts were put into an IVA at County Court on 26 Jan

Resolved Question:

All my debts were put into an IVA at County Court on 26 Jan 2007 and the IVA sucessgfully completed on 14 May 2014.I now have received two letters from a company called Capquest who say that they have acquired my debt and seem to have the details of an account I had with one of my former creditors whicdh was included in the IVA. They are asking that I gewt in touch in order to discuss a repayment plan.I have checked my credit file with the credit reference agencies and there is nothing showing as outstanding and my credit history is now good with no negatives on file.I have read a lot online about the dubious techniques that Capquest employ to get money from people. They seem to have my name and address and these account details but no other details like phone number of date of birth. My phone number is ***** directory and they have not been able to call me.I have not telephoned them as there is a lot of advice online that says not to phone them and give them any personal info. I have also seen templates for a "Prove It" Letter asking them to prove I owe the debt. What should be my response to these people. I am worried that if I ignore it it may get worse, if I telephone they will have my number and harrass me, if I write and sign it they will have my signature and use it illegally to make their case.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.For now please let me know whether you know if any of these debts were included in your IVA?Alex
Customer: replied 1 year ago.
They say that they purchased the debt from Santander formerley known as Abbey and this was included in my IVA the amount they are asking for looks very similar to the amount that as the difference between what I paid to the creditor and what I owed them originally (although it is slightly more by a £168 ON Capquests document)
Expert:  Ash replied 1 year ago.
Ok - I would ignore the letter. They cant do anything about it and in any event if its been more than 6 years its statue barred. If they do issue proceedings and they probably wont given the value they would have to prove the debt was NOT included in the IVAThey are well known for trying it on - I would ignore everything.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
They are asking for £3224.96 which is fairly significant. Your advice to ignore does concur with what I have read about them. If they issue proceedings against me I assume that I would be notified and have a chance to respond at that point?
Expert:  Ash replied 1 year ago.
Yes if they issue then you get a claim form which you can defend. Given the value it would be a small claim anyway.Can I clarify anything else for you?Alex
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Customer: replied 1 year ago.
Thank you for your advice I am very happy as this has put my mind at rest on this issue